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Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004

A dwellinghouse had exploded, killing the occupants. The defendant was to be tried for alleged breaches of the 1974 Act in the gas supoplies to the house. The appellant complained that a jury trial would be an infringement of its rights, since a jury asked to sit for three to six months would be prejudiced … Continue reading Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004

Van Marle And Others v The Netherlands: ECHR 26 Jun 1986

The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused. Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said this: ‘The Court agrees with the Commission that the right relied upon by the … Continue reading Van Marle And Others v The Netherlands: ECHR 26 Jun 1986

Duclos v France: ECHR 17 Dec 1996

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings. Citations: 20940/92, [1996] ECHR 64, 20941/92, 20942/92 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 19 June 2022; Ref: scu.211552

Leempoel and SA ED Cine Revue v Belgium: ECHR 9 Nov 2006

‘In matters relating to striking a balance between protecting private life and the freedom of expression that the Court had had to rule upon, it has always emphasised . . the requirement that the publication of information, documents or photographs in the press should serve the public interest and make a contribution to the debate … Continue reading Leempoel and SA ED Cine Revue v Belgium: ECHR 9 Nov 2006

Belek And Velioglu v Turkey: ECHR 6 Oct 2015

Citations: 44227/04 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text, [2015] ECHR 848 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.553066

Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015

Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European Convention on Human Rights (the ‘Convention’), incorporated into English law … Continue reading Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015

Pellitteri And Lupo v Italy: ECHR 6 Oct 2015

Citations: 50825/06 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text, [2015] ECHR 852 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 June 2022; Ref: scu.553077

N v the Secretary of State for the Home Department: CA 16 Oct 2003

The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003

Hemsworth, Re an Application for Judicial Review: QBNI 26 Apr 2004

Application for Judicial Review of a decision of the Legal Aid Department on an application for legal aid under the green form scheme in connection with preparatory legal work for the Inquest into the death of the applicant’s husband. This application involves two broad attacks, the first being to the particular decision and the second … Continue reading Hemsworth, Re an Application for Judicial Review: QBNI 26 Apr 2004

JG v Poland: ECHR 6 Apr 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses – claim rejected Citations: 36258/97, [2004] ECHR 134, [2004] ECHR 135 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5-3 Human Rights Updated: 10 June 2022; Ref: scu.195508

Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

Grieves v The United Kingdom: ECHR 16 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Costs and expenses partial award – Convention proceedingsThe claimant had been dismissed from the Royal Navy after a court martial. He complained that the tribunal did not have sufficient independence. Held: The claimant’s rights were infringed. Though there was facility to appoint a prosecutor … Continue reading Grieves v The United Kingdom: ECHR 16 Dec 2003

Kmetty v Hungary: ECHR 16 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedings Citations: 57967/00, [2003] ECHR 690 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: SeeAlso – Kmetty v Hungary ECHR 13-Dec-2011 . . Lists of cited by … Continue reading Kmetty v Hungary: ECHR 16 Dec 2003

Cooper v The United Kingdom: ECHR 16 Dec 2003

Hudoc Judgment (Merits and just satisfaction)The claimant had been dismissed from the RAF after a court martial. He complained that the tribunal was not independent, and that his trial was unfair. Held: The court rejected the submission that no court martial could act independently. There was sufficient separation between the various roles and the chain … Continue reading Cooper v The United Kingdom: ECHR 16 Dec 2003

P K v Poland: ECHR 6 Nov 2003

Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Citations: 37774/97, [2003] ECHR 579 Links: Worldii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.187660

Indelicato v Italy: ECHR 6 Nov 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Citations: 34442/97, [2003] ECHR 572 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Indelicato v Italy: ECHR 6 Nov 2003

Meilus v Lithuania: ECHR 6 Nov 2003

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Citations: 53161/99, [2003] ECHR 578 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Meilus v Lithuania: ECHR 6 Nov 2003

Perotti v Collyer-Bristow (A Firm) and others: CA 6 Oct 2003

So far as civil proceedings are concerned, the funding of particular cases by civil legal aid was a matter for the Legal Services Commission. The courts have no residual power to make an order for assistance. The most it could do would be to indicate that it considered legal representation to be necessary to avoid … Continue reading Perotti v Collyer-Bristow (A Firm) and others: CA 6 Oct 2003

Menson v United Kingdom: ECHR 6 May 2003

There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Di Palma v United Kingdom: ECHR 1 Dec 1986

(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

Tashin Acar v Turkey: ECHR 6 May 2003

Hudoc Judgment (Preliminary objections) Government Citations: 26307/95, (2004) 38 EHRR 2, [2003] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Tahsin Acar v Turkey ECHR 8-Apr-2004 Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to disappearance ; Violation of Art. … Continue reading Tashin Acar v Turkey: ECHR 6 May 2003

Appleby and Others v The United Kingdom: ECHR 6 May 2003

The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Jakupovic v Austria: ECHR 6 Feb 2003

ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – domestic proceedings ; Costs and expenses award – Convention proceedingsThe complainant had come to live in Austria and his family were there. After convictions for burglary and other offences of … Continue reading Jakupovic v Austria: ECHR 6 Feb 2003

Mediengruppe Osterreich Gmbh v Austria: ECHR 26 Apr 2022

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fourth Section Citations: 37713/18, [2022] ECHR 316 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 June 2022; Ref: scu.676967

Regina (N) v Dr M and Others: CA 6 Dec 2002

The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary. Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The doctors had to show that it was a medical necessity, and this had to be shown … Continue reading Regina (N) v Dr M and Others: CA 6 Dec 2002

Regina v Ashton, Lyons and Webber: CACD 6 Dec 2002

The appellants had appealed sentences for conspiracy to murder. There had been an inordinate delay between leave to appeal having been granted, and the appeal being heard. Held: The appellants’ rights had been infringed by the delay, and they had a right to redress. That could be satisfied by a reduction in the sentences of … Continue reading Regina v Ashton, Lyons and Webber: CACD 6 Dec 2002

Regina (Pearson) v Driver and Vehicle Licensing Agency and Another: QBD 6 Nov 2002

The appellant challenged the fact that the details of his conviction for driving with excess alcohol had not been removed from his driving licence despite it being a spent conviction under the 1974 Act. The result was that he had been unable to find work as a driver. Held: The retention of the records was … Continue reading Regina (Pearson) v Driver and Vehicle Licensing Agency and Another: QBD 6 Nov 2002

E and Others v The United Kingdom: ECHR 26 Nov 2002

The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the local authority ombudsman who denied jurisdiction. Held: Social services should have been aware of the … Continue reading E and Others v The United Kingdom: ECHR 26 Nov 2002

Halloran v Delaney: CA 6 Sep 2002

The claimant had succeeded in his claim for personal injuries, and had issued costs only proceedings. The defendant challenged the ‘success fee’ claimed as part of the conditional fee arrangement. Held: The costs recoverable were to be reasonable and proportionate. The success fee was not to be judged with hindsight, but must allow for where … Continue reading Halloran v Delaney: CA 6 Sep 2002

P, C And S v The United Kingdom: ECHR 16 Jul 2002

The applicants challenged the way in which their newborn children had been removed by the state after birth. S had not had the opportunity of legal representation, after her lawyers had withdrawn. The removal of S’s child was challenged as disproportionate and a breach of the right to family life. Held: Given the importance of … Continue reading P, C And S v The United Kingdom: ECHR 16 Jul 2002

Davies v The United Kingdom: ECHR 16 Jul 2002

The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending the outcome of criminal proceedings against others. The government responded that the proceedings were complex, and the … Continue reading Davies v The United Kingdom: ECHR 16 Jul 2002

SCK and FNK v Commission: ECFI 4 Jun 1996

ECJ Competition – Payment of fines – Bank guarantee – Application for interim measures – Suspension of operation of a measure. Citations: T-18/96, [1996] EUECJ T-18/96 Links: Bailii Cited by: See Also – SCK and FNK v Commission ECJ 22-Oct-1997 ECJ Competition – Mobile cranes – Article 6 of the European Convention on Human Rights … Continue reading SCK and FNK v Commission: ECFI 4 Jun 1996

Lawal v Northern Spirit Ltd: EAT 6 Oct 1999

The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal. Held: There was no real possibility of bias from this scenario. The tribunal had to be independent and impartial, but mere generalised allegations … Continue reading Lawal v Northern Spirit Ltd: EAT 6 Oct 1999

County Properties Limited v The Scottish Ministers for Judicial Review: IHCS 16 Aug 2001

Judges: Lord Prosser and Lord Kirkwood and Lord Mackay of Drumadoon Citations: [2001] ScotCS 206, [2001] ScotHC 87 Links: Bailii, Bailii Statutes: European Convention on Protection of Human Rights Jurisdiction: Scotland Citing: Appeal from – County Properties Limited v The Scottish Ministers OHCS 25-Jul-2000 The company applied for planning permission. The Secretary of State called … Continue reading County Properties Limited v The Scottish Ministers for Judicial Review: IHCS 16 Aug 2001

London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002

The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions on disputed facts, and reviewing its own decisions on those facts. It was not acting … Continue reading London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001

The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights. Held: Review was refused. The probationary regime was intended to protect other tenants and the local authority from … Continue reading McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001

Beer v Austria: ECHR 6 Feb 2001

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [2001] ECHR 81, 30428/96 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor) … Continue reading Beer v Austria: ECHR 6 Feb 2001

Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000

The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer’s … Continue reading Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000

Tammer v Estonia: ECHR 6 Feb 2001

Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and the self-fulfilment of each individual. Criminal penalties imposed in respect of the reporting of a sexual relationship could not be said to violate Article 10 – notwithstanding that the persons concerned were … Continue reading Tammer v Estonia: ECHR 6 Feb 2001

Oldham v The United Kingdom: ECHR 26 Sep 2000

Where a parole board took two years to consider the applicant’s parole, this was unreasonable, and a breach of the Article 5.4 requirement to deal with such matters speedily. Accordingly the continued detention of the applicant became unlawful. The provisions apply not only to original proceedings, but also to statutory automatic reviews of detention. No … Continue reading Oldham v The United Kingdom: ECHR 26 Sep 2000

Labita v Italy: ECHR 6 Apr 2000

Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged ill-treatment; Violation of Art. 3 with regard to lack of effective investigation; No violation of Art. 3 with regard to conditions of transfer; Violation of Art. 5-3; Violation of Art. 5-1; Violation of Art. 8; Not necessary to examine Art. … Continue reading Labita v Italy: ECHR 6 Apr 2000

Jasper v The United Kingdom: ECHR 16 Feb 2000

Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at … Continue reading Jasper v The United Kingdom: ECHR 16 Feb 2000

Valsamis v Greece: ECHR 18 Dec 1996

Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsA child was punished by her school for refusing to attend a National … Continue reading Valsamis v Greece: ECHR 18 Dec 1996